Legal Question in Real Estate Law in Florida
Neighbor alleges storm fence damage
During Hurricane Frances, my neighbor's fence blew down; more sections in Hurricane Jeanne. He states that trees on our undeveloped lot struck the fence. The fence shows no damage or scuffing (I took photos) and no fallen limbs were nearby. The photos and commentary may be seen at my.fit.edu/~fleslie/Frances/Frances.htm.
The horizontal fence stringers are only 1x4s, and were held with only one nail each. Nail heads pulled through the board in half the cases. (This is what is known as a realtor's fence, just strong enough to close a sale.) The wind forces are estimated to be about 80 pounds per square foot, or some 4000 pounds per section. Vertical posts had rot below ground level.
He pointed to tree limbs on the ground, claiming they were ours, but these were sweet gum branches, like the two trees of his at the fallen fence line; I have none of that species. He has since cut those trees down; the tops were snags where the branches were torn off.
His fence sections now lay on my side of the line, and he shows no progress in rebuilding the fence. I don't want a feud or a specious lawsuit. I think he's trying to scam a senior citizen. What more should I do?
Frank
2 Answers from Attorneys
Re: Neighbor alleges storm fence damage
Offer to remove debris for your neighbor. (interest of harmony). Tell hin you will remove if he does not, in a reasonable amount of time.
You are not responsible for damage to fence. Act of God.
Re: Neighbor alleges storm fence damage
1. You may clean up the debris on your property.
2. You are not responsible for an act of god damaging his fence.
Good luck.
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